Property and Planning
Brynmor is a property specialist. Legal 500 describes him as “excellent with technical arguments and great advocacy skills”.
Brynmor’s practice covers all aspects of property law: including residential and commercial landlord and tenant and real property.
Brynmor started his career in London but moved to Exchange in 2018. He is based in Manchester but practices nationwide. He is the go-to property junior on the Northern Circuit and typically appears against specialist property counsel. Brynmor has experience of appearing at all levels of court and tribunal.
Brynmor’s property practice ranges from trusts of land and real property through to landlord and tenant matters. He is experienced in private sector and public sector property disputes. He has appeared on numerous occasions before the Property Chamber of the First-Tier Tribunal in leasehold and land registration disputes, and on appeals to the Upper Tribunal and the Court of Appeal.
Brynmor is ranked in both the leading directories. Chambers and Partners has described him as having a “superb analytical brain and superb judgment” and as “a brilliant advocate”. Legal 500 has said: “Very clear and persuasive submissions. Very knowledgeable. Excellent with witnesses. Very personable and easy to work with” and that “Brynmor has a highly analytical mind and an ability to get to the nub of a thorny and difficult issue very quickly. Ever popular with clients due to his unflappable and common sense approach, he is sterling advocate whose presence reassures clients and Judges alike”.
Brynmor is a committee member of the Property Bar Association and of the Manchester Business and Property Courts Property Sub-Forum.
Property Cases
- Bentham v Lindsay Court (St Annes) RTM Company Limited [2021] UKUT 4 (LC) [link: https://www.bailii.org/uk/cases/UKUT/LC/2021/4.html] Brynmor successfully represented the leaseholders and the RTM company in this appeal concerning the interaction between the right to manage and the Tribunal’s power to appoint a manager. The exercise of the right to manage will displace a pre-existing manager appointment in all circumstances. A fresh application to appoint a manager is required to remove the RTM company.
- Joy Smith v Mohammed Riaz Khan [2018] EWCA Civ 1137: established the correct approach to general damages for trespass in unlawful eviction cases. The Court emphasised that damages run until the evicted tenant’s right to possession was actually terminated (not to the date when it could lawfully have been terminated). The Court also considered the appropriate rate of damages and the relevance of the rent and comparator cases.
http://www.bailii.org/ew/cases/EWCA/Civ/2018/1137.html - 23 Dollis Avenue (1998) Limited v Vejdani [2016] UKUT 0365: established the important principle that the consultation requirements for major works do not affect the payability of on-account service charge demands. http://landschamber.decisions.tribunals.gov.uk//judgmentfiles/j1265/LRX-128-2015.pdf
- Albion Riverside v Al-A’Ali LON/00BJ/LSC/2014/0614: secured an order for payment of 100% of the disputed service charges on behalf of the management company in relation to a exclusive Central London residential development. http://www.residential-property.judiciary.gov.uk/Files/2015/November/LON_00BJ_LSC_2014_614_10_Nov_2015_12_28_37.html
- Kaur v Birk & ors [2014] EWHC 1147 (Ch): representing the Claimant in an 8-day Chancery Division dispute about ownership of a family property portfolio raising issues of undue influence and trusts of land.
- Daejan Properties Limited v Griffin [2014] UKUT 206 (LC): represented the lessees at first instance and on appeal to the Upper Tribunal in this service charge dispute involving historic neglect and s. 20C orders. http://landschamber.decisions.tribunals.gov.uk//judgmentfiles/j1037/LRX-85-2012%20with%20addendum.pdf
- Cameret Court Residents Association Limited v Tedla [2015] UKUT 0221 (LC): Acted for the Respondent in an appeal concerning a compromise of a service charge dispute (s. 27A Landlord and Tenant Act 1985) and the requirements of s. 47 of the Landlord and Tenant Act 198. http://www.bailii.org/uk/cases/UKUT/LC/2015/221.html
- Campden Hill Gate (Freehold) Ltd v the Lessees of Campden Hill Gate, LON/00AW/LVT/2013/0002:a contested application to vary all of the leases in a residential apartment block to enable the installation of new boilers. http://www.residential-property.judiciary.gov.uk/Files/2013/August/LON_00AW_LVT_2013_2_08_Aug_2013_09_59_52.html
- Paratus AMC Limited v Santander UK Plc (Ref/2012/0004): appearing for the Respondent mortgagee before the Adjudicator to HM Land Registry successfully defending the priority of its registered charge.